There is no more comprehensive resource on the web on the subject of special education than wrightslaw.com. They have literally published the book(s) on many critical guides to advocacy. I personally use his site and material almost everyday. I feel honored to have received high praise from wrightslaw’s new blog The Wrightslaw Way.
Off Beat Teaching Resources on the Web
I represent lots of students who have difficulties with things like slang and parents who need a ready reference on history and other academic topics. The following post comes to me from Fiona King with references that you might not find any where else. Some of the references are strange and some just funny like translating a whole website into Elmer Fudd speak. . The author Laura Milligan states:
"Beyond Google, Wikipedia and other generic reference sites, the
Internet boasts a multitude of search engines, dictionaries, reference
desks and databases that have organized and archived information for
quick and easy searches. In this list, we’ve compiled just 100 of our
favorites, for teachers, students, hypochondriacs, procrastinators,
bookworms, sports nuts and more."
Some of these may be just the ticket as you are looking to develop goals and and helping your student understand the differences between the first and second Punic Wars.
Candidates on NCLB and IDEIA?
Where the candidates stand on IDEIA or NCLB is largely unknown. Here is a guide that offers some minimal guidance on the respective positions of McCain and Obama. Please note that the description of NCLB in this article leaves a lot to be desired, and ignores the ramifications of NCLB for students with special needs that is nicely described by my friend Sandy Alperstein. We need to insist on more detail regarding respective positions on IDEIA and NCLB as the campaigns gather steam in the coming months.
U.S. House Overwhelming Passed ADA Amendments
There is good news to report that the U.S. House of Representatives has overwhelmingly passed the ADA amendments. The bill goes to the Senate and if passed and reconciled on to the President for signature. As discussed in an earlier blog this legislation is critical for children with special needs both now and certainly in the future. We should celebrate this victory even though there are hurdles yet to cross. Kudos to COPAA for rallying popular support for this important bill. We also need to achieve success on the pending IDEIA Fairness Restoration amendments as well.
Charles P. Fox New Clinical Instructor at the Special Education Clinic at DePaul Law School
DePaul Law School, which has always been known for innovative law school teaching coupled with a mission of caring and compassion, is launching a new Special Education Advocacy Clinic in August 2008 (Download specialedclinic0408.pdf
). This clinic will be the first special education law clinic to open in the midwest and will serve special education students who are generally unrepresented and have profound legal needs. This is a wonderful development in the legal scene in Illinois.
Even more wonderful, is that I am going to be the clinical instructor as an adjunct faculty member of the law school, in addition to my full time special education law practice. I have never taught before and the challenge is most invigorating and exciting. I have a great deal of passion for my work and want to convey that feeling onto the next crop of attorneys who are coming up the ranks. The legal profession takes a lot knocks, some deserved, but there is a lot of good that lawyers are doing and can do in the future. It is my sincere hope that my teaching in a clinical setting will help inspire others to fight for the rights of children with special needs against the enormous resources of schools. However, I am also humble enough to recognize that as a new teacher, I should have a greater
appreciation for the hard work that many fine teachers perform
everyday, which will only make me a better and more balanced advocate.
In the coming months, I plan on sharing my experiences as a clinical instructor and may even have occasion to post some blogs from students in my class. Stay tuned, the best is yet to come!
Students In New York City Delayed in Receiving Timely Evaluations and Services
A recent audit from New York State reflects that a large percentage of students in New York City are not receiving timely evaluations to determine needs and eligibility. Moreover, a significant number of students are not receiving minutes of speech and other related services stated in their IEP. There is even a court consent decree on these issues from several years ago that is being violated in the State. It is blatant violations like these in New York City that make parents militant and distrustful, not a desire to "game" the school system and receive more than they are entitled which is one of the common myths about parents.
Resources on RTI May Clarify Issues
Response to Therapeutic Intervention (RTI) is frequently mentioned in a variety of contexts and is often misapplied and misunderstood. Here are a collection of free resources that may help clarify the abundant confusion in this area. It is worth looking over these resources if RTI becomes a stumbling block to receiving appropriate services. [This guide came to my attention from my friend and colleague Sandy Alperstein].
FBA Requires Parent Consent and Are Subject to IEE Request
A question that has come up with some frequency has been whether schools need to get parental consent before doing a Functional Behavioral Assessment ("FBA"). Many school districts have taken the position that an FBA is more an informal assessment, and therefore no consent is required. Schools have even more emphatically taken the position that parents can not request a free independent educational evaluation ("IEE") if the school’s FBA was deficient.
Many thanks goes out to fellow blogger Randy Chapman who has brought out a fairly recent U.S. Department of Education OSEP opinion letter that answers yes to both questions. That is, for a school to conduct an FBA the parent must consent and the parent has the right to seek an IEE to get another FBA accomplished.
It may seem like a small point but it is not. FBAs too often arise in the heat of the moment when the school is building momentum to move a child to a more restrictive placement. The parent comes to a meeting and gets clobbered with an FBA data that shows what a horrible behavioral problem his or her child has been for some time, of course often unbeknownst to the parent. Armed with this OSEP memorandum, the FBA would be in violation of this OSEP guidance without parents’ knowledge and written consent; certainly enough to take the wind out of the district’s sails sufficient for the parent to regain at least equal footing with the school. The next step would be to then ask for an IEE for a new FBA, so the student gets a fair and impartial assessment of the behaviors which are interfering with their education.
Virigina School District Reports Special Education Students and Non-White Minorities Have Lower Character Ratings
A subjective report filed by teachers on the character of students in Fairfax County Virginia has the potential to set off a firestorm in the district. Among the key findings of the report were that:
"black and Hispanic
students and special education students received lower marks than white
and Asian American students for demonstration of ‘sound moral character
and ethical judgment.’"
These findings are so very hurtful and tend to reinforce the negative views and stereotypes of segments of students who are apparently perceived to be inferior in fundamental ways.This report, however, can be used in a positive way if it highlights the need for school staff to better understand, more accurately perceive the nature of behaviors and overall have more insight into the needs of special education students. I am afraid that such optimism will require a basic shift in how we view special education students and minority groups in schools. We have a lot more work to do to knit together more cohesive and compassionate school communities.
U.S. Supreme Court Refuses to Review Rights of Students Regarding Corporal Punishment
The U.S, Supreme Court in the case Serafin v. School of Excellence in Education (Case No. 07-9760) refused to review a case brought by an 18 year old student for injuries she suffered when she was paddled in school for a minor infraction of school rules. This case could have had far reaching consequences relating to student’s substantive rights in school (perhaps even special students). Given the current environment, that is so excessively focused on order even at the expense of law this case should not be so surprising.
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